Map showing the disputed areas in the West Philippine Sea (south China Sea), including the Spratlys Islands and Scarborough Shoal. AFP
MANILA, Philippines—A hearing could be called by the international arbitral tribunal handling the Philippines’ maritime dispute case with China before the year ends if Beijing continues to refuse to participate in the proceedings.
“China is given the right to be heard, and the tribunal has issued procedural order no. 2 and I understand China has replied with a note verbale saying they will not participate,” Foreign Affairs spokesman Charles Jose said in a press conference Wednesday.
“The next likely action is the tribunal will call a hearing inviting both parties. If China still refuses to participate, the court might decide based solely on the Philippines’ memorial,” he said.
The International Tribunal on the Law of the Sea (ITLOS) on June 3, 2014 issued procedural order no. 2 instructing China to submit its counter memorial by December 15, 2014.
But China has maintained its stand that it will not participate in the proceedings claiming it has “indisputable sovereignty” over the entire South China Sea including parts of the Philippines 200-nautical mile Exclusive Economic Zone.
The Tribunal in a statement on June 3, said that China’s comment through a Note Verbale saying it “does not accept the arbitration initiated by the Philippines” and that the Note Verbale “shall not be regarded as China’s acceptance of or participation in the proceedings.”
If China still refuses, “the tribunal might call a hearing even before the December 15 deadline,” Jose said.
Philippines filed the arbitration case against China in January 2013 and the tribunal ordered the Philippines submission of a memorial by May 30, 2014, which it complied.
“The Arbitral Tribunal will determine the further course of the proceedings, including the need for, and scheduling of any other written submissions and hearings, at an appropriate later stage, after seeking the views of the Parties,” the tribunal said in a statement.
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